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For the purpose of this subchapter, the word NUISANCE is hereby defined as any person doing an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
(A) Injures or endangers the comfort, repose, health or safety of others;
(B) Offends decency;
(C) Is offensive to the senses;
(D) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage;
(E) In any way renders other persons insecure in life or the use of property; or
(F) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
(Ord. 236, passed 5-3-2010) Penalty, see § 92.99
The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions are hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
(A) Noxious weeds and other rank vegetation;
(B) Abandoned or junk property. Any junk or equipment of any type, except in an authorized junk yard, or any accumulations of other unsightly trash or junk which would constitute a health hazard, a rodent harborage, a breeding area for insects or rodents, a dangerous place for children to pay in and around or which tends to be unsightly and which does or tends to lower the value of adjacent real property because of unsightliness. Unsightly trash or junk includes property which is deteriorated, wrecked or derelict property to unusable condition, having no value other than nominal scrap or junk value, if any, and which has been left unprotected outside of a permanent structure from the elements, and shall include without being restricted, deteriorated, wrecked, inoperative or partially dismantled trailers, boats, motors, snowmobiles, lawn mowers, motorcycles, refrigerators and other household appliances, furniture, household goods and furnishings, scrap metals or lumber or other similar articles in such condition;
(C) Garbage and refuse. Garbage, rubbish, waste material improperly disposed of by discarding, abandoning, allowing to accumulate, scattering or positioning outside an approved container. Depositing, maintaining or permitting to be maintained or to accumulate upon any public or private property any animal or vegetable matter which attends the processing, preparation, transportation, cooking, eating, sale or storage of meat, fish, vegetables, fruit and all other food or food products found within the city which are likely to cause or transmit disease or which may be a hazard to health; or
(D) Abandonment of vehicles.
(1) For the purpose of this division (D), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.
PROPERTY. Any real property within the city which is not a street or highway.
STREET or HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
VEHICLE. A machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery and shall include, without limitation, automobile, truck, trailer, motorcycle or tractor.
(2) No person shall abandon any vehicle within this city and no person shall any vehicle at any place within the city for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned.
(3) No person shall leave any partially dismantled, non-operating, wrecked or junked vehicle on any street or highway within the city.
(4) No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise shall allow any partially dismantled, non-operating, wrecked, junked or discarded vehicle to remain on such property longer than ten days; and no person shall leave any such vehicle on any property within the city for longer time than ten days; except that this section shall not apply with regard to a vehicle in an enclosed building, or to a vehicle on the premises of a business enterprise operating in a lawful place and manner, when necessary to the operation of such business enterprise, or to a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city or authorized by the city.
(Ord. 236, passed 5-3-2010) Penalty, see § 92.99
(A) If a nuisance exists, a notice of violation shall be issued to the offender, to the concerned property owner and to the person in possession of the property whereon the offense was committed, directing abatement.
(B) Notice may be served upon the offender, the concerned property owner and the person in possession of the property whereon the offense was committed by personal service, by registered mail, or by posting in a conspicuous place within the city limits and by publication for a period of one week in a legal newspaper of the county.
(C) Within seven days after completion of the notice herein above mentioned in division (B) above, an appeal may be filed by the offender, the concerned property owner or by the person in possession of the property whereon the offense was committed with the City Council. Within 15 days after filing, appeal shall be heard before the City Council. All persons who fail to protest shall be deemed to have waived all objections.
(D) Abatement shall be accomplished within seven days after notification of the decision of the City Council, unless the offender, concerned property owner or the person in possession of the property whereon the offense was committed can show cause why more time is needed. Notification of the City Council shall be mailed by registered or certified mail.
(E) If the abatement is not completed within the time herein above mentioned in division (D) above, the City shall abate the nuisance and file an account with the City Council, which account shall specify the sum expended in abating said nuisance.
(F) At least seven days after the filing of the account herein above mentioned in division (E) above, the City Council shall hold a hearing. Notice announcing the time of the City Council meeting shall be mailed by registered or certified mail to the concerned property owner, to the person in possession and to the offender at least seven days prior to said meeting.
(G) The City Council shall hear the matter and if the account is accepted, the amount thereof shall become a lien upon the property whereupon the offense was committed.
(Ord. 236, passed 5-3-2010) Penalty, see § 92.99
GRASS, VEGETATION, WEEDS
No owner of any lot, place or area within the city or the agent of such owner or the occupant of such, lot, place or area, shall permit on such lot, place or area or upon a sidewalk abutting the same any weeds, grass or deleterious or unhealthful growths or other noxious matter that may be growing, lying or located thereon, and the growing of such weeds or other noxious or unhealthful vegetation is hereby declared to be a nuisance.
(Ord. 212, passed 7-10-2000) Penalty, see § 92.99
A law enforcement officer or health officer is hereby authorized and empowers to notify in writing the owner of any such lot, place or area within the city or the agent such owner or the occupant of such premises, to cut, destroy or remove any such weed grass or deleterious or unhealthful growths or other noxious matter found growing, lying or located on such property or upon the sidewalk abutting same. Such notice shall be certified mail addressed to said owner, agent or occupant at his or her known address.
(Ord. 212, passed 7-10-2000)
(A) The owner or any person affected shall have the right to a hearing before the City Council for investigation and review of the law enforcement officer’s of health officer’s determination. Such right to a hearing must be exercised by the filing of a request for hearing in writing with the finance officer at City Hall within five days after the date posting, publishing, serving or mailing of notice to cut, destroy or remove as provided § 92.16. The request for a hearing shall state the objections to the law enforcement officer’s or health officer’s determination and shall be signed by the party requesting the hearing. Upon receipt of the request for a hearing, the finance officer shall present the matter to the City Council at its next regular or special meeting. The City Council shall schedule a hearing on the matter at which time affected parties shall have right to appear, be represented by Council, testify and present evidence in their case.
(B) The hearing shall be scheduled not less than five days from the date the request is presented to the City Council at a duly called meeting. The city shall at the time of the hearing, hear and decide, whether the effected property does contain weeds, grass or deleterious or unhealthful growths, or other noxious matter such that it constitutes a nuisance.
(Ord. 212, passed 7-10-2000) Penalty, see § 92.99
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